US Government – Ology Bioservices, COVID-19 Plasmid Procurement Agreement

Business model | Product supply
Equitable Access | Preparedness & response

Structural Questions

Product Supply

What are the specific commitments made by the parties to supply and purchase the products?
What actions must be taken by the supplier to ensure that it can fulfil the committed supply volume?
What are the remedies for actual or potential supply failures?

Preparedness & Response

How should ‘outbreak’ or ‘pandemic’ be defined?
What should be the scope of activities to prepare for an outbreak or pandemic?
What should be the scope of activities in response to an outbreak or pandemic?
How should the end of an outbreak/pandemic be determined, and should any obligations under the agreement change at that point?
Should there be any difference in obligations on the parties between the outbreak/pandemic products and other products developed under the agreement?

Summary of Approaches

Product Supply

What actions must be taken by the supplier to ensure that it can fulfil the committed supply volume?
- This Agreement together with the SOWs are subject to the governance of the Defense Priorities and Allocations System (DPAS) regulation (15 CFR 700). The contractual language is incomplete due to redaction.

Preparedness & Response

What should be the scope of activities in response to an outbreak or pandemic?
- This Agreement together with the SOWs are subject to the governance of the Defense Priorities and Allocations System (DPAS) regulation (15 CFR 700). The contractual language is incomplete due to redaction.

Annotations

This 10 USC 2373 Agreement between Ology Bioservices (“Awardee”), Inc.and NATICK Contracting Division (“Government”) is effective on February 21, 2020 and amended on March 22, 2020. The Agreement is entered into pursuant to 10 USC 2372 (Procurement for Experimental Purposes), and the projects governed thereunder are mainly intended for experimentation and evaluation purposes. The Agreement is heavily redacted. Based on limited information disclosed in the published version of the Agreement and without limitation to other services undisclosed, Ology provides the following services on a cost basis: (i) rapid Production of Monoclonal Antibodies as Medical Countermeasures against COVID-19, and (ii) rapid COVID-19 Plasmid Manufacturing for Phase 1 Clinical Programs, with more specific arrangements to be set forth in one or more Statements off Work (“SOW“).

Provision Language

14. Miscellaneous Clauses

G. Priority Access

1) Defense Priority and Allocations Requirements. This Agreement, and each Order placed under this Agreement may be a rated order certified for national defense and emergency preparedness, and the Contractor shall follow all requirements of the Defense Priorities and Allocations System (DPAS) regulation (15 CFR 700).

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US Government – Ology Bioservices, COVID-19 Plasmid Procurement Agreement

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Master Alliance Provisions Guide (MAPGuide)

US Government – Ology Bioservices, COVID-19 Plasmid Procurement Agreement

Provision Language

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